Il diritto del lavoro di Francesco Carnelutti = Labor law by Francesco Carnelutti. WP C.S.D.L.E. “Massimo D’Antona”.IT – 307/2016

Santoro-Passarelli , Giuseppe (2016) Il diritto del lavoro di Francesco Carnelutti = Labor law by Francesco Carnelutti. WP C.S.D.L.E. “Massimo D’Antona”.IT – 307/2016. [Policy Paper]

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Abstract

The author consider the Francesco Carnelutti's contribution to labor law that unfolds in three very different periods between them .In the first contributions on work-related injuries are reported for the content and the innovative method borrowed the school of Sraffa and Vivante. In these writings it finds on the one hand an attention to the system and on the other the urgency to adapt the same to the new requirements of the period. In other articles related to the right to strike and the collective agreement that are placed in the public law area Carnelutti can be considered a forerunner of the guild system. In the second phase of corporatism, while maintaining an independent attitude, Carnelutti becomes gradually a firm believer of that legal system. In fact, with the democracy beginning and the constitutional order he assumes, in the writings of that period, a strongly critical view of the rule that elevates the strike to the rank of constitutional right. In conclusion, the Carnelutti's contribution to the labor law was relevant and consistent but it is most commendable in the writings of the origins.

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